DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 11409-10
15 March 2011
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10, United
States Code, section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 9 March 2011. The names and votes of the members
of the panel will be furnished upon request. Your allegations of
error and injustice were reviewed in accordance with
administrative regulations and procedures applicable to the
proceedings of this Board. Documentary material considered by
the Board consisted of your application, together with all
material submitted in support thereof, your naval record, and
applicable statutes, regulations, and policies.
after careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injuetice.
You enlisted in the Marine Corps and began a period of active
duty on 19 July 1972 at age 17. On 8 March 1973, you were
convicted by summary court-martial (SCM) of unauthorized absence
(UA) from your unit for a period of 52 days. On 28 Aorild 1973,
you were UA from your unit until 14 August 1973, a period of 117
days. On 27 August 1973, you submitted a written request for an
other than honorable (OTH) discharge in order to avoid trial by
court-martial for the foregoing charge of UA. Prior to
submitting this request you conferred with a qualified military
lawyer at which time you were advised of your rights and warned
of the probable adverse consequences of accepting such a
discharge. Your request was granted and the commanding officer
directed your OTH discharge. As a result of this action, you
were spared the stigma of a court-martial conviction and the
potential penalties of a punitive discharge and confinement at
hard labor. On 28 September 1973, you were discharged under OTH
conditions.
The Board, in its review of your entire record and application
carefully weighed all potentially mitigating factors, such as
your youth and overall record of service. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given the seriousness of
your misconduct that resulted in a SCM, periods of UA totaling
over five months and request for discharge. The Board believed
that considerable clemency was extended to you when your request
for discharge to avoid trial by court-martial was approved.
Further, the Board concluded that you received the benefit of
your bargain with the Marine Corps when your request for
discharge was granted and should not be permitted to change it
now. Accordingly, your application has been denied. The names
and votes of the members of the panel will be furnished upon
request.
It is regretted that the circumstances of your case are such that
favorable action cannot be taken. You are entitled to have the
Board reconsider its decision upon submission of new and material
evidence or other matter not previously considered by the Board.
In this regard, it is important to keep in mind that a
presumption of regularity attaches to all official records.
Consequently, when applying for a correction of an official naval
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
Wea’ FRER
Executiv Nrector
NAVY | BCNR | CY2010 | 07199-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 April 2011. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies. Your request for discharge was granted and on 18 June 1974, you received an OTH discharge for the good of the service in lieu of trial by court-martial.
NAVY | BCNR | CY2010 | 06269-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 March 2011. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2011 | 04059-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 January 2012. Documentary material considered by the Board consisted of your application, together with all material submitted in.support thereof, your naval record, and applicable statutes, regulations, and policies. On 4 December 1973, you submitted a written request for an other than honorable (OTH) discharge in order to avoid trial by court- martial for two...
NAVY | BCNR | CY2010 | 05832-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 March 2011. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2011 | 11827 11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 August 2012. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of your conviction by...
NAVY | BCNR | CY2013 | NR4315 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 April 2014. Documentary material considered by the Board consisted of your application, together with ail material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies. On 20 February 1973, you made a written request for discharge for the good of service to avoid trial by court-martial for failure to go to your...
NAVY | BCNR | CY2012 | 00317-12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 September 2012. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies. On 24 September 1974 you were convicted by summary court-martial (SCM) of UA from your unit for a period of 111 days.
NAVY | BCNR | CY2010 | 08223-10
Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable Statutes, regulations and policies. On 24 August 1973, you requested an under conditions other than honorable (OTH) discharge for the good of the service to avoid trial by court-martial for two periods of unauthorized absence (UA) totaling 537 days. Consequently, when applying for a correction of an official naval record, the...
NAVY | BCNR | CY2009 | 07236-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 May 2010. After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error...
NAVY | BCNR | CY2010 | 05283-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 February 2011. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies. On 3 June 1975, you submitted a written request for an other than honorable (OTH) discharge in order to avoid trial by court- martial for the...